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17 May 2007
Issue: 7273 / Categories: Legal News , Damages
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Legal bid to bring back compensation scheme for miscarriages of justice

Solicitors are mounting a legal challenge in the High Court against the Home Office decision to abolish a discretionary compensation scheme for victims of miscarriages of justice.

Seven firms—Bhatt Murphy, Bindman & Partners, Bird Solicitors, Fisher Meredith, Hickman & Rose, Hodge Jones & Allen and Stephensons—plus three individual claimants, mounted a judicial review last week, arguing the government acted “unfairly and unlawfully” when it abruptly ended the scheme last April. Judgment has been reserved.

Charles Clarke, the then Home Secretary, said the scheme was “confusing and anomalous”, predated international agreements and standards, cost an annual average of £2m to run and only benefited five to 10 people each year, when he announced its abolition.

A separate statutory scheme set up under the Criminal Justice Act 1988 to comply with the UK’s international law obligations still exists. Compensation is capped at £500,000.

Hickman & Rose partner, Jane Hickman, says: “The schemes cover different kinds of cases.

“The statutory scheme only covers people who are cleared when new evidence comes

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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